Delhi High Court refers disputes between BharatPe and Ashneer Grover to arbitration

The Delhi High Court on Thursday passed an order for the appointment of a sole arbitrator to resolve disputes between Ashneer Grover and fintech firm BharatPe. .The arbitrator will be tasked with resolving the disputes between Grover and BharatPe, which arose from Grover's alleged violation of confidentiality under his employment agreement..Justice C Hari Shankar passed the order on a plea filed by BharatPe under Section 11 of the Arbitration and Conciliation Act.BharatPe argued that as former Chief Executive Officer (CEO) and Managing Director of the company, Grover had access to sensitive and confidential information related to the company which he disclosed through social media posts.The company said that it had sent a notice to Grover invoking arbitration under the employment agreement and proposed the name of former Supreme Court judge Justice Hemant Gupta as the sole arbitrator to resolve the disputes.Grover agreed to constitution of the arbitral tribunal, but did not agree to the appointment of Justice Gupta. Instead, he suggested that Justice (Retired) JR Midha should be appointed as the arbitrator..Advocate Giriraj Subramanium appeared for Grover and said that he does not oppose the matter being referred to arbitration. However, he said that since a tribunal under the aegis of the Singapore International Arbitration Centre (SIAC) is already dealing with the disputes between the two sides over the shareholders' agreement, this matter may also be referred there. Advocate Anuj Berry appeared for BharatPe and opposed the submission. The Court said that employment agreement does not say that the disputes between the two sides will be dealt with as per SIAC procedure. It, therefore, said that the arbitration will be under the aegis of the Delhi International Arbitration Centre (DIAC). .BharatPe had earlier moved a Section 9 plea before the High Court to restrain Grover from making public the details about the company.Grover took down the posts and apologised.This issue has also been sent to the arbitrator. .BharatPe has filed the petition through Advocates Anuj Berry and Sourabh Rath of Trilegal.